The State of New Hampshire v. Delvin White (New Hampshire 2007)

Summary

The New Hampshire Supreme Court reversed Delvin White’s convictions, holding that the trial court improperly admitted Officer Winn’s testimony about a third‑party’s confession because the confession was testimonial and the defendant had not opened the door, and that the error was not harmless. The Court also noted that the trial court’s limiting instruction on White’s own statement was ambiguous and must be clarified on remand.

Holding

Whether the trial court erred in admitting Officer Winn’s testimony about Houston’s confession under the Confrontation Clause as interpreted in Crawford v. Washington.. The trial court erred; the confession was testimonial, the defendant had no prior opportunity to cross‑examine Houston, and the defendant did not open the door, so the testimony was inadmissible.

Whether any error in admitting the confession testimony was harmless beyond a reasonable doubt.. The error was not harmless; the admission was prejudicial to the defendant because the case rested on the credibility of the two girls, and the confession evidence directly affected that credibility.

Summary

Holding

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